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Kansas Contracts Questions & Answers
1 Answer | Asked in Contracts and Personal Injury for Kansas on
Q: A client borrowed funds against their case and now have a lien. Client wants to pay lien himself instead of having atty

A client borrowed funds against their case and now have a lien. Client wants to pay lien himself instead of having attorney reimburse the lien to the case funding company because he believes if he pays the lien himself he can get a tax benefit since some of the lien is made up of funds he borrowed... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 7, 2021

A Kansas attorney could advise best, but your post remains open for two weeks. This is really a question for your attorney because they probably have the contract entered into for the loan, and are familiar with state codes of professional conduct & ethics. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Kansas on
Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

David H. Relkin
David H. Relkin answered on Aug 25, 2021

I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes...
Read more »

1 Answer | Asked in Contracts for Kansas on
Q: Selling Kansas home. Expired mineral rights lease delaying close. Need extension. Can I ask for appraised value?

My realtor is not willing to share details on who did buyers appraisal so I could seek info, buyers have refused to let me access that knowledge from their appraiser. Frustrated but want to pursue only what is legal to learn. Before I sign extension on their closing date.

Scott C. Stockwell
Scott C. Stockwell answered on Jul 7, 2021

There is not enough information to provide meaningful guidance to you. You should consult with an attorney, sharing your agreement, communications about the delay, and possible defaults (such as failure to close).

1 Answer | Asked in Contracts for Kansas on
Q: Can I get out of a 5 year lease for my business office?
Tim Akpinar
Tim Akpinar answered on Feb 12, 2021

A Kansas attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer meaningful input without seeing the lease. One option is to reach out to Kansas attorneys for a consult. After reviewing the terms of the lease, an attorney would be... Read more »

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Kansas on
Q: Rental car>Bad Tags>Pulled over>Charged with FIP>Car Impounded>Jailed

Rented a car and was pulled over due to bad tags. Children's mother forgot firearm. Now being charged with felon in possession. I thought my car was supposed to have valid tags. Now facing multiple felonies.

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

A Kansas attorney could advise best, but your question remains open for three weeks and time is of the essence in your actions. Reach out to a Kansas City criminal defense attorney, or if qualifying based on need, you could look into whether you are eligible for a public defender. Good luck... Read more »

1 Answer | Asked in Contracts for Kansas on
Q: Can you cancel a sale the day before you were supposed to close?
Tim Akpinar
Tim Akpinar answered on Jul 10, 2020

A Kansas attorney could advise best, but your question remains open for three weeks. However, any attorney would need to see the contract before offering meaningful input. Here are a few general points to consider - If you had a valid and enforceable contract, failing to close could constitute... Read more »

1 Answer | Asked in Contracts, Consumer Law and Real Estate Law for Kansas on
Q: live in apt comp & haven’t had a lease for a year. Got notice that my rent will increase by $75 w/o one Can they?

My lease expired a year ago. They rent the apt for $775, (for the new addition, I live in the old apts) new year lease states that rent is $790, month to month is $840 and if I don’t sign either then the rent will go up an additional $25/mo. Can they do this? Should I move to the new apartments... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

If you are occupying a premises on a month to month basis, in most places the LL can change the terms of your occupancy by providing you with the notice required under the document. When you hold over after a lease expires, you are usually on the same as a month to month tenancy, unless the lease... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: If you sign a contract to sell a house as poa and a week later you’re loved one passes away can you continue with sell?
Scott C. Stockwell
Scott C. Stockwell answered on Feb 23, 2020

The question appears to indicate that an attorney in fact under a power of attorney signed an agreement to sell a house owned by the principal. The sale was not completed before the passing of the principal. For the most part, a power of attorney is not effective after the death of the principal.... Read more »

1 Answer | Asked in Consumer Law and Contracts for Kansas on
Q: What happens in Kansas if failure to pay and return items to Rent-A-Center?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 2, 2020

Probably the same thing that would happen in Florida: the Rent-a-Center can file a criminal complaint for stealing as well as sue you for breach of contract.

1 Answer | Asked in Bankruptcy and Contracts for Kansas on
Q: I bought a car at a buy here pay here stopped paying due to personal reasons ita been about 8 years now and they have

not came and got it and now its not showing on any of my credit reports did they write it off how do I get rid of the car ?

Timothy Denison
Timothy Denison answered on Aug 28, 2019

You need to see if the car has a lien on it. If it does, you’ll have to pay it or bankrupt it. If not, you are free to do as you wish.

1 Answer | Asked in Business Law, Construction Law and Contracts for Kansas on
Q: What information shall I include in a construction contract ?

What information do I need to include in my bid ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2019

Unless you enjoy making costly mistakes you should consult with a business lawyer before drafting a construction contract. Why? Because all reputable contractors have done this for a living; and because the contracts they use are written by their lawyers; and because unless you use a lawyer you... Read more »

1 Answer | Asked in Contracts for Kansas on
Q: Does new ownership of an asst living facility have to honor prepaid rent?

My mother lives in an assisted living facility and is paid through the end of the year. A new corporation just purchased the facility and they are saying they have no record of the payments. Obviously we have proof of payment but they say we have to go after the old company for a refund and we... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jun 10, 2019

Assisted living facilities are regulated in the state of Kansas. https://www.kdads.ks.gov/docs/default-source/General-Provider-Pages/provider-statutes-and-regulations/ksa-and-kar-for-adult-care-homes/assisted-living---residential-health-care-facilities.pdf?sfvrsn=9c9706ee_2 . One of the first... Read more »

1 Answer | Asked in Contracts and Estate Planning for Kansas on
Q: I live in Missouri and am under a one year contract, is the property manager allowed to install sound monitors?

The landlord/property manager has added an additional property manager without verbal, or written notice. The new manager has verbally told me that he will be the new manager. He is installing sound monitors in hallways and wants to enter mine to install one, without written request. They also are... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 17, 2019

I am not licensed to practice in Missouri; nor do I represent your landlord of their property managers. However, unless there is some real demonstrable reason for the landlord or property managers to want to "install sound monitors in hallways" of the tenants' apartments I would... Read more »

1 Answer | Asked in Contracts and Civil Rights for Kansas on
Q: What does sections 441. 020 - 441. 040 mean?

I had a notice of terminating possession posted on my door

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2019

They are citations to Kansas statutes being used to do something.

2 Answers | Asked in Contracts for Kansas on
Q: We leased a gas station the gas margin dropped we can not pay the rent to landlord what shall we do
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

Unless the landlord guaranteed that the gas margin would not drop you must continue to pay the rent or the landlord will eventually declare you in default, evict you and possibly seek damages.

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1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on
Q: Can I lock a commercial tennaant out for non-payment
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

What does the commercial lease say about slow payments or non-payments? If the lease says yes, then do it.

1 Answer | Asked in Contracts for Kansas on
Q: I need help finding some case laws on the acknowledgment of paternity where it is inadmissible in court

it can be from any state, doesn't have to be from Kansas

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

I often advice people seeking free legal work that they should try Google--which may or may not give correct advice.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for Kansas on
Q: Bayview loan servicer not applying payments

Bayview loan servicing acquired our property in 2016. It was originally inc,used in a bankruptcy it we stayed in the home paying the monthly payment. Later, I fell on financial struggles which cause me to get behind in my payments. A short while later I was approved for mortgage modification &... Read more »

Timothy Denison
Timothy Denison answered on Jan 30, 2019

Hire a mortgage defense lawyer and let him handle it for you. You may have several options.

1 Answer | Asked in Contracts for Kansas on
Q: Does a contract have to be notarized to be valid or can witnesses from both parties work?

I wrote out a contract to sell my Jeep and the buyer agreed on the payment. He didn’t make any payments and I went to repossess it but was told no. He refuses to give me back the Jeep but the title is still in my name.

Tim Akpinar
Tim Akpinar answered on Jan 29, 2019

I do not practice in Kansas but your question remains open for four weeks. As a general matter throughout all states, contracts can be valid without notarization. In general, notarization is an added measure that more strongly confirms the identity of parties signing a contract or other document.... Read more »

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